Enduring Power of Guardianship in Western Australia: The FAQs

1. What is an Enduring Power of Guardianship (EPG)?

An Enduring Power of Guardianship (EPG) is a legal document that allows you (the appointor) to appoint a trusted person (the guardian) to make personal, lifestyle, and medical decisions on your behalf if you lose the capacity to make those decisions yourself. It is sometimes informally referred to as a "medical power of attorney."

2. What types of decisions can my guardian make?

Your guardian may make decisions relating to:

  • Medical treatment and healthcare (e.g., consenting to or refusing treatments).

  • Living arrangements (e.g., deciding where you live and the type of care you receive).

  • Personal matters (e.g., determining who you have contact with or decisions about day-to-day care).

Important: An EPG does not cover legal, financial or property matters. These require an Enduring Power of Attorney (EPA).

3. Why is an EPG important?

An EPG provides a trusted person with the legal authority to make personal and health-related decisions on your behalf if you become unable to do so. Without an EPG, the State Administrative Tribunal (SAT) may need to appoint someone as your guardian, which can be more complex and time-consuming.

4. Who can I appoint as my guardian?

You can appoint a trusted individual who:

  • Is over 18 years old.

  • Has full legal capacity.

  • Understands your preferences and is willing to act in your best interests.

You may also appoint substitute guardians to act if your primary guardian cannot.

5. When does an EPG take effect?

An EPG only takes effect if you lose the capacity to make personal, lifestyle, or medical decisions. Your guardian cannot act while you are still able to make decisions for yourself.

6. Can I appoint more than one guardian?

Yes, you can appoint multiple guardians. In Western Australia, when more than one enduring guardian is appointed, they are required to act “jointly”. This means all appointed guardians must agree on decisions, which can become cumbersome if too many are involved.

7. Do I need to register my EPG?

Registration of an EPG is not required in Western Australia. However, it is recommended to store the original document securely and share copies with your guardian(s), family, and relevant healthcare providers.

8. Can I revoke or change my EPG?

Yes, you can revoke or change your EPG, provided you have the capacity to do so. To revoke your EPG:

  1. Complete a Revocation of Enduring Power of Guardianship form.

  2. Notify your guardian(s) in writing.

We recommend consulting a legal professional if you are unsure about this process.

9. What happens if I don’t have an EPG?

If you lose capacity without an EPG, the State Administrative Tribunal (SAT) may appoint a guardian for you. The appointed guardian may not be someone you would have chosen, highlighting the importance of preparing an EPG.

10. Why do I need an EPG when my family knows my wishes?

Even if your family knows your wishes, they may not have the legal authority to act on your behalf without an EPG. Hospitals, aged care facilities, and other organisations often require formal legal documentation to follow instructions.

11. Can my guardian make decisions about life-sustaining treatment?

Yes, your guardian can make decisions about life-sustaining treatment, including consenting to or refusing treatments. You can specify your wishes in the EPG, and your guardian must follow these instructions, acting in your best interests.

12. Can I specify limits on my guardian’s authority?

Yes, you can include specific instructions or limitations in your EPG. For example, you may outline particular treatments you do or do not want or specify preferences regarding your living arrangements.

13. What is the difference between an Enduring Power of Guardianship (EPG) and an Advance Health Directive (AHD) in Western Australia?

While both documents are important for managing healthcare decisions, they serve different purposes:

  • Enduring Power of Guardianship (EPG):
    An EPG appoints a trusted person (your guardian) to make personal, lifestyle, and medical decisions on your behalf if you lose capacity. Your guardian makes decisions based on your best interests and any specific instructions you've provided in the EPG.

  • Advance Health Directive (AHD):
    An AHD allows you to document specific medical treatment preferences in advance. It provides clear instructions to healthcare professionals about the treatments you consent to or refuse, even if you cannot communicate these wishes in the future. An AHD only applies to medical decisions, while an EPG covers broader personal and lifestyle matters.

Both documents can complement each other and provide comprehensive coverage of your personal and healthcare wishes.

14. What if my guardian cannot act when needed?

If your primary guardian cannot act (due to illness, death, or other reasons), you can appoint a substitute guardian in your EPG. If no substitute is appointed, the State Administrative Tribunal (SAT) may need to appoint someone to act on your behalf.

15. Can an EPG be challenged?

Yes, an EPG may be challenged if there are concerns about:

  • The appointor’s capacity at the time of making the EPG

  • The actions or conduct of the guardian

  • Potential undue influence or fraud

Such challenges are typically resolved by the State Administrative Tribunal.

16. How can Estate Essentials help with an EPG?

Estate Essentials offers an easy-to-use platform to assist you in preparing an EPG tailored for Western Australia. Our guided process helps ensure accuracy and clarity, providing peace of mind that your personal wishes will be documented. We provide step-by-step instructions for signing your EPG with the required witnesses and guardian(s). Customers are encouraged to review their document carefully and seek independent legal advice if unsure about its suitability.

Ready to begin preparing your Enduring Power of Guardianship? Click here.

Disclaimer: The information provided in this article is general in nature and does not constitute legal advice. Estate Essentials is not a law firm and does not provide legal services. While we strive to provide accurate and up-to-date information, it may not apply to your specific circumstances or address all potential issues. We strongly recommend consulting an independent legal professional to ensure your estate planning documents meet your unique requirements.